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Ajay Joseph vs State Of Kerala on 6 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

THURSDAY, THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940

Bail Appl..No. 4637 of 2018

CRIME NO.1683/2018 OF ANGAMALY POLICE STATION

PETITIONER/ACCUSED:

1 AJAY JOSEPH,
S/O. JOSEPH STEPHEN, AGED 30 YEARS,
RESIDING AT PARAPPALLIL HOUSE,
POYYA P.O, THRISSUR 680 733.

2 ANNIE AMMA
W/O JOSEPH STEPHEN, AGED 56 YEARS,
RESIDING AT PARAPPALLIL HOUSE,
POYYA P.O, TRISSUR 680 733.

BY ADV. SRI.B.SAJEEV KUMAR

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031.

2 THE SUB INSPECTOR OF POLICE
ANGAMALY POLICE STATION,
ANGAMALY P.O, PIN 683 572.

3 RIZA
W/O AJAY JOSEPH, AGED 25 YEARS,
RESIDING AT PYNADATH HOUSE,
KARUKUTTY, ANGAMALY,
PADUVAPURAM POST, KOCHI 683 582.

SR.PP C.N PRABHAKARAN

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.12.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 4637 of 2018

2

O R D E R

Petitioners are accused in Crime No.1683/2018

of Angamaly Police Station for offences punishable

under Sections 498A, 341, 323, 506(i) read with 34

IPC. The allegation of the prosecution is that

the petitioners have harassed the de facto

complainant in connection with demand for dowry.

Crime was registered and apprehending arrest,

petitioners seek bail.

2. It is reported that pending the

proceedings, parties have settled the dispute in a

mediation in O.P.No.1892/2018 and M.C.No.20/2018.

A copy of the mediation settlement is produced

before this Court. The parties have agreed to

settle the present crime and to quash the criminal

proceedings by filing an application under Section

482 Cr.P.C.

In the light of the settlement arrived at

between the parties and in the nature of

allegations, I am inclined to grant the benefit of

pre-arrest bail to the petitioners.
Bail Appl..No. 4637 of 2018

3

Hence, the anticipatory bail application is

allowed on the following conditions:

(i) Petitioners shall appear before the

Investigating Officer within 10 days from today

and shall undergo interrogation. Thereafter, if

they are proposed to be arrested, they shall be

released on bail on each of the petitioner

executing a bond for a sum of ₹40,000/- (Rupees

forty thousand only) with two sureties for the

like sum each.

(ii) They shall not threaten, coerce or

intimidate the defacto complainant or the

witnesses.

(iii) They shall appear before the

Investigating Officer as and when called for and

co-operate with the investigation.

Sd/-

SUNIL THOMAS, JUDGE
Pn 07/12

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